Bureau of Occupational Licenses
(208) 334-3233
Minutes of August 21, 2006
Roll Call: Paul Morgan- Chair
Patricia Lentz, Board Member
Rick Bachmeier, Board Member
Ed Morse, Board Member
Bureau Present: Rayola Jacobsen, Bureau Chief
Roger Hales, Administrative Attorney
Emily Mac Master, Deputy Attorney General
Marcie McGinty, Investigations coordinator
Others Present: Glenn Morgan
Dirk Jacobsen
Alison Boelens
Greg Graybadger
Steve Burnham
Donald Ward
Jaysen Burnham
David McDowell
Joshua Hardy
Dave Brown
Jim Elwood
Thomas Mullaney
The meeting was called to order at 9:05 a.m. by Chair, Paul Morgan.
The board reviewed the minutes from the June 19, 2006 board meeting.
Motion was made by Mr. Morse to accept the minutes as written. Seconded by Mr. Bachmeier, carried.
Ms. Jacobsen, Bureau Chief, gave the financial report. Detailed report is on the web. The board has as of 9/8/2006, $49,290.00 in appropriation with a cash balance of $143,650.51. The Board budget is in sound financial shape.
Ms. Jacobsen reviewed the findings of the Appraisal Sub Committees audit. A report will be sent detailing the findings of the audit to the Bureau of Occupational licenses. The Appraisal Sub Committee representatives Ms. Denise Graves and Mr. Mark Weinberg advised the Bureau, during the audit, that one year after a complaint is filed against an appraiser, it must be concluded. Ms. Jacobson explained to the board that when a complaint is received, it is prioritized. If a complaint is received and there is eminent harm to the public, the complaint is given first priority. The Appraisal Sub Committee disagreed and stated that Real Estate Appraisal complaints should be handled first based on Federal Funding. The auditors assisted the Bureau with proposed rule changes. The board secretary was directed to add additional steps in verifying pre-licensure and continuing education courses, as well as instructors. It must be verified that courses and instructors are AQB or IDECC approved. The Board Secretary will document the findings for the board to review. The secretary must also check all licenses of applicants online to verify that there is not disciplinary action against the appraiser in another state and document the findings for the board to review. The auditors did compliment the Bureau staff and its system for the work that has been accomplished thus far with the lack of additional help. The Bureau is drafting a request to the Governor’s office and the Legislative Services Office requesting approval for the hiring of additional staff to accomplish the requests of the Appraisal Sub Committee. Mr. Morgan, Chairman of the board, and Mr. Morse, Board member, volunteered to attend the legislative session as needed. The board will form a plan on how to accomplish the requests of the Appraisal Sub Committee. It was recommended by the auditors that the board discontinue the use of pro-reviewers. Instead, the Appraisal Sub Committee suggests that a board member review complaints and recluse themselves when voting on an investigation. The board asked to review the minutes from the meeting with the Appraisal Sub Committee at the next scheduled conference call.
Mr. Klein, Deputy Attorney General, joined the meeting at 9:25 a.m.
Mr. Klein advised the board that the Attorney Generals office is discussing the process of Real Estate Appraisal cases.
Mr. Hale, Administrative Attorney, joined the meeting at 9:30 a.m.
Karl Klein, Deputy Attorney General, presented a stipulation and consent order for case # REA-2006-3.
Motion was made by Mr. Morse to accept the recommendations of the Attorney General’s office. Seconded by Mr. Bachmeier, carried.
Mr. Lafay, applicant, addressed the board regarding educational requirements. The board explained that without a USPAP course, a Registered Trainee Permit would not be issued. The board also advised that credit would not be given for any experience obtained without a Registered Trainee Permit.
Mr. McDowell, applicant, addressed the board concerning experience hours.
Board discussed upcoming AARO conference.
Motion made by Mr. Morse, to approve sending and reimbursing appropriate expenses of a board member to the AARO conference on October 13 – 17, 2006. Seconded by Mr. Bachmeier, carried.
The board reviewed an email from an appraiser regarding the new URAR form. The board to advise the appraiser to contact Fannie Mae for the interpretation.
Board discussed segmented approach for the 2008 AQB requirements. Board tabled the discussion for spring of 2007.
Break at 10:25 a.m.
Meeting called back to order at 10:40 a.m.
Mr. Hales, Administrative Attorney, explained the AQB educational
requirements. The board applies the rules in effect at the time that a complete
application is date stamped into the office of the Bureau of Occupational
Licenses. The new AQB educational requirements will go into effect in
Board reviewed continuing education applications.
Ms. Jacobsen gave the investigative report.
Fiscal Year 2007: To date, five (5) complaints have been received. All of those remain under investigation.
Fiscal Year 2006: Twenty Two (22) complaints were received. Of those, one (1) has been closed by Board action; four (4) are pending legal review by the Office of the Attorney General; and seventeen (17) remain under investigation.
Fiscal Year 2005: Thirty Five (35) complaints were received. Of those, four (4) were closed by Board action; four (4) are pending legal review by the Office of the Attorney General; twenty-four (24) remain under investigation; and three (3) await Board determination.
Fiscal Year 2004: Thirty Nine (39) complaints were received. Of those, thirteen (13) were closed by Board action; seven (7) are pending legal review by the Office of the Attorney General; fifteen (15) remain under investigation or pro-review; and four (4) await Board determination.
Fiscal Year 2003: Thirty Two (32) complaints were received. Of those, twenty-seven (27) were closed by Board action; four (4) are pending legal review by the Office of the Attorney General; and one (1) remains under investigation.
Fiscal Year 2002: Thirty Two (32) complaints were received. Of those, thirty (30) were closed by Board action; one (1) is pending legal review by the Office of the Attorney General; and one (1) remains under investigation (pro-review).
Board would like the Bureau to review the process of investigations to identify where the process gets held up.
Ms. Jacobsen presented an investigative report for case # REA-P4-4-2004-1.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Ms. Jacobsen presented an investigative report for case # REA-P3C-3-2004-9.
Motion made by Mr. Morse to accept IBOL recommendation for closure with a strong advisory letter regarding comparable selection. Seconded by Ms. Lentz, carried.
Ms. Jacobsen presented an investigative report for case # REA-P2B-3-2004-14.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Ms. Lentz, carried.
Ms. Jacobsen presented an investigative report for case # REA-B2C-2-2004-39.
Motion made by Mr. Bachmeier to accept IBOL recommendation to require a response from the respondent to the complaint prior to licensure then closure. Seconded by Mr. Morse, carried.
Ms. Jacobsen presented an investigative report for case # REA-L3-2-2005-8.
Motion made by Ms. Lentz to accept IBOL recommendation for closure. Seconded by Mr. Morse, carried.
Ms. Jacobsen presented an investigative report for case # REA-L3C-2-2005-10.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Ms. Lentz, carried.
Ms. Jacobsen presented an investigative report for case # REA-P5-2-2005-32.
Motion made by Mr. Morse to accept IBOL recommendation for closure. Seconded by Mr. Bachmeier, carried.
Mr. Morse asked that a discussion regarding the link between the Department of Finance and The Bureau of Occupational Licenses be added to the next board meetings agenda.
Mr. Hetrick, Deputy Bureau Chief, joined the meeting at 11:30 a.m.
Mr. Hetrick explained the investigative report to the board. Mr. Hetrick will give a more detailed report to the board at the next board meeting.
Mr. Hetrick reviewed the contract and the addendum to the contract with the
board which will be in effect on the first day of last July once signed. Estimated
total board budget for fiscal year 2007 is $238,000.
Motion made by Mr. Morse to approve the contract and authorize the chair, Mr. Morgan, to sign the contract on behalf of the Board. Seconded by Mr. Bachmeier, carried.
Motion made by Mr. Morse to go into executive session to review applications. Seconded by Mr. Bachmeier, carried.
Motion made by Mr. Morse to come out of executive session. Seconded by Ms. Lentz, carried.
Board signed wall certificates and meeting minutes.
In the future, board would like any applications with special circumstances to be reviewed first.
Motion was made by Mr. Morgan to approve the following courses:
MCKISSOCK
2-4 Family Finesse 7 CE 8/21/2010
Technology for Today’s Appraiser 5 CE 8/21/2010
Appraising Historic Homes- Online 4 CE 8/21/2010
Appraising FHA Today- Virtual Classroom 7 CE 8/21/2010
Construction Details & Trends- Online 7 CE 8/21/2010
2006 National USPAP Update Equivalent 7 CE 8/21/2010
Appraisal Trends- Virtual Classroom 7 CE 8/21/2010
APPRAISAL INSTITUTE
Pan Pacific Congress 12 CE 8/21/2010
Forecasting Revenue 7 CE 8/21/2010
VAN EDUCATION CENTER
7- Hour National USPAP Update 7 CE 8/21/2010
IAAO Course 310: Application of Mass
Appraisal Fundamentals 32 CE 8/21/2010
Residential Quality, Condition and
Effective Age 14 CE 8/21/2010
IAAO Workshop 155: Depreciation
Analysis 15 CE 8/21/2010
IAAO Course 102: Income Approach 32 CE 8/21/2010
IAAO Workshop 550: Basics of Fixed
Asset Valuation 5 CE 8/21/2010
Meeting adjourned at 6:00 p.m.